House of Lords Journal Volume 36: June 1780 11-20

June 1780 11-20

DIE Lunæ, 19^o Junii 1780.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The House was adjourned during Pleasure to robe.

The House was resumed.

King present.

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes) commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a Speech in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow; (videlicet)

Bills passed.

1. "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and eighty."

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (videlicet)

"Le Roy remercie ses bons Sujets accepte leur Benevolence et ainsi le veult."

2. "An Act for granting to His Majesty several additional Duties upon certain Goods imported into the Isle of Man; and for better regulating the Trade, and securing the Revenues of the said Island."

3. "An Act to admit to an Entry in this Kingdom under certain Restrictions, Tobacco imported not directly from the Place of its Growth or Produce; and for granting an additional Duty on such Tobacco, during the present Hostilities."

4. "An Act to explain an Act of the last Session of Parliament, intituled, "An Act for augmenting the Militia;" and to declare valid and effectual the swearing in and Enrolment of Militia Men, Substitutes and Volunteers in Cases where all the Provisions of the several Acts now in being relative thereto have not been observed; and to indemnify Deputy Lieutenants, Chief Magistrates and Justices of the Peace, for their Proceedings therein respectively; to declare valid and effectual the Commissions granted by Deputy Lieutenants in the Absence of the Lieutenant of any County out of the Kingdom, to Officers commanding Volunteer Companies; and to indemnify Deputy Lieutenants and Officers who have granted or acted under such Commissions; and to enlarge the Powers of Deputy Lieutenants in certain Cases."

5. "An Act to repeal so much of an Act, made in the Fifteenth Year of His Majesty's Reign (for settling Buckingham House upon the Queen, in lieu of Somerset House, and for other Purposes), as enables the Commissioners of His Majesty's Treasury to apply the Sums necessary for completing Somerset House out of the Aids granted for Naval Services, or out of any of the Revenues arising from the Receipt of the several Offices to be erected and established by virtue of the said Act."

6. "An Act to continue an Act, made in the Twelfth Year of the Reign of His present Majesty, intituled, An Act for rendering the Payment of the Creditors of Insolvent Debtors more equal and expeditious; and for regulating the Diligence of the Law by Arrestment and Poinding; and for extending the Privilege of Bills to Promissory Notes, and for limiting Actions upon Bills and Promissory Notes, in that Part of Great Britain called Scotland."

7. "An Act for the better Relief and Employment of the Poor of the Hamlet of Mile End New Town, in the Parish of Stepney, in the County of Middlesex; for paving, cleansing, lighting and watching the Streets and other Open Passages and Places within the said Hamlet, and removing Nuisances and Annoyances therefrom, and for preventing the like for the future; for consolidating the Highway Rates with other Rates within the said Hamlet; and for paving and regulating Great Garden Street, in the Parish of Saint Mary Matfellon otherwise Whitechapel, in the said County, and removing a Bar now standing across the same, and other Nuisances and Annoyances therefrom, and preventing the like for the future."

To these Bills the Royal Assent was pronounced, by the Clerk Assistant, severally, in these Words; (videlicet)

"Le Roy le veult."

8. "An Act for rendering effectual an Act, made in the Seventeenth Year of His present Majesty, for dividing and enclosing the Commons or Waste Lands within the Manor of Whittington, in the County of Salop."

9. "An Act for dividing and enclosing the Common Fields, Half Year Lands, Fen Lands, Lammas Meadows, Heaths, Commons and Waste Lands, within the Parish of Eoulden, in the County of Norfolk."

10. "An Act for dividing the Park of Pontefract, in the County of York; and for other Purposes therein mentioned."

11. "An Act for dividing and enclosing the Commons and Waste Grounds, within the Township of Moss otherwise Moseley, in the Parish of Campsall; and also the Open Arable Fields, Meadows, Pastures, Commons and Waste Grounds, within the Parish of Kirk Bramwith, in the West Riding of the County of York."

To these Bills the Royal Assent was pronounced, by the Clerk Assistant, severally, in these Words; (videlicet)

"Soit fait comme il est desiré."

Then His Majesty was pleased to speak as follows; (videlicet)

His Majesty's Speech.

"My Lords, and Gentlemen,

The Outrages committed by Bands of desperate and abandoned Men, in various Parts of this Metropolis; broke forth with such Violence into Acts of Felony and Treason, had so far overborn all Civil Authority, and threatened so directly the immediate Subversion of all legal Power, the Destruction of all Property, and the Confusion of every Order in the State, that I found myself obliged, by every Tye of Duty and Affection to My People, to suppress in every Part those rebellious Insurrections, and to provide for the Public Safety, by the most effectual and immediate Application of the Force intrusted to Me by Parliament.

I have directed Copies of the Proclamations issued upon that Occasion to be laid before you.

"Proper Orders have been given for bringing the Authors and Abettors of these Insurrections, and the Perpetrators of such criminal Acts, to speedy Trial, and to such condign Punishment as the Laws of their Country prescribe, and as the Vindication of Public Justice demands.

"Though I trust it is not necessary, yet I think it right, at this Time, to renew to you My solemn Assurances, that I have no other Object but to make the Laws of the Realm, and the Principles of Our excellent Constitution in Church and State, the Rule and Measure of My Conduct; and I shall ever consider it as the first Duty of My Station, and the chief Glory of My Reign, to maintain and preserve the established Religion of My Kingdoms, and, as far as in Me lies, to secure and to perpetuate the Rights and Liberties of My People."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure to unrobe.

The House was resumed.

L. Loughborough introduced:

Alexander Wedderburn Esquire, Lord Chief Justice of His Majesty's Court of Common Pleas, being by Letters Patent, bearing Date the Fourteenth Day of June, in the Twentieth Year of His present Majesty, created Lord Loughborough, Baron of Loughborough in the County of Leicester, was (in his Robes) introduced between the Lord Willoughby de Broke and the Lord Grantham, (also in their Robes), the Gentleman Usher of the Black Rod and Garter King at Arms preceding, His Lordship, on his Knee, presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk; and the same was read at the Table: His Writ of Summons was also read, as follows; (videlicet)

George the Third by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith and so forth: To Our Right Trusty and Wellbeloved Alexander Wedderburn of Loughborough Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom of Great Britian and the Church, is now met at Our City of Westminster, We strictly enjoining, Command you, under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church; and the Dispatch of the said Affairs.

Witness Ourself, at Westminster, the Fourteenth Day of June, in the Twentieth Year of Our Reign.

"Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Proclamations respecting Bills, delivered.

The Lord Viscount Stormont (by His Majesty's Command) delivered to the House,

"A Proclamation, dated the 5th Day of June 1780."

Also, "A Proclamation, dated the 7th Day of June 1780."

And also, "A Proclamation, dated the 9th Day of June 1780."

Ordered, That the said Proclamations do lie on the Table.

His Majesty's Speech reported:

The Lord Chancellor reported His Majesty's Speech; and the same, being read by the Clerk,

Order for Address:

Ordered, Nemine Dissenticnte, "That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House for His most gracious Speech from the Throne:

To express the Abhorrence and Detestation we feel of the Outrages committed in various Parts of this Metropolis, by Bands of desperate and abandoned Men; Outrages that broke forth with such Violence into Acts of Felony and Treason, and which, threatening so directly the immediate Subversion of all legal Authority, the Destruction of all Property, and the Confusion of every Order in the State, called loudly for the speediest and most effectual Application of the Force entrusted to His Majesty by Law:

To testify our warmest Gratitude to His Majesty for His paternal Care and Concern for the Protection of His Subjects, so manifest in the Measures His Wisdom directed in this urgent Necessity, to suppress, in every Part, these rebellious Insurrections, and to provide for the general Safety by the Restoration of Public Peace:

To thank His Majesty for the Communication He has been pleased to make to this House of the Proclamations issued in this alarming Conjuncture:

To express the Satisfaction with which we learn that Orders have been given for bringing the Offenders to speedy Trial, and to such condign Punishment as the Law prescribes and the Vindication of Public Justice demands:

To declare, that although the uniform Tenor of His Majesty's Conduct rendered unnecessary the Renewal of His gracious Assurances to His Parliament, yet the Manner in which they are given raises in us the warmest Emotions of Cratitude, Affection and Duty:

"And to assure His Majesty, that such a Declaration of the just and wise Principles that are the Rule and Measure of His Majesty's Government, must endear His Majesty more and more to all His Subjects, and meet with the fullest Return of Attachment, Confidence and Zeal."

Then the Lords following were appointed a Committee to prepare an Address pursuant thereto; (videlicet)

Their Lordships, or any Five of them, to meet immediately in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure, and the Committee withdrew to prepare the Address.

After some Time the House was resumed.

And the Duke of Dorset reported from the Committee an Address, drawn by them, as follows; (videlicet)

Address reported.

Most Gracious Sovereign,

We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal, in Parliament assembled, beg Leave to return Your Majesty our humble Thanks for Your most gracious Speech from the Throne:

We feel the utmost Abhorrence and Detestation of the Outrages committed in various Parts of this Metropolis, by Bands of desperate and abandoned Men; Outrages that broke forth with such Violence into Acts of Felony and Treason, and which, threatening so directly the immediate Subversion of all legal Authority, the Destruction of all Property, and the Confusion of every Order in the State, called loudly for the speediest and most effectual Application of the Force entrusted to Your Majesty by Law:

We beg Leave to testify our warmest Gratitude to Your Majesty for Your paternal Care and Concern for the Protection of Your Subjects, so manifest in the Measures Your Wisdom directed in this urgent Necessity, to suppress, in every Part, these rebellious Insurrections, and to provide for the general Safety by the Restoration of Public Peace:

We thank Your Majesty for the Communication You have been pleased to make to this House of the Proclamations issued in this alarming Conjuncture:

We learn with Satisfaction, that Orders have been given for bringing the Offenders to speedy Trial, and to such condign Punishment as the Law prescribes, and the Vindication of Public Justice demands:

"Although the uniform Tenor of Your Majesty's Conduct rendered unnecessary the Renewal of Your gracious Assurances to Your Parliament, yet the Manner in which they are given, raises in us the warmest Emotions of Gratitude, Affection and Duty: Such a Declaration of the just and wise Principles that are the Rule and Measure of Your Majesty's Government, must endear Your Majesty more and more to all Your Subjects, and meet with the fullest Return of Attachment, Confidence and Zeal."

Which Address being read by the Clerk, was agreed to by the House.

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended therewith.

Ld. Amherst's Letters to Lt. Col. Twisleton, &c. Address for.

Ordered, That an humble Address be presented to His Majesty, to desire that His Majesty will be graciously pleased to give Orders that there be laid before this House, "Copies of Two Letters written by Lord Amherst to Lieutenant Colonel Twisleton, on the 12th and 13th of this Instant June, respecting the Inhabitants of the City of London carrying Arms;" and also, "for a Copy of the Lord Mayor's Plan for that Purpose, communicated to his Lordship;" and also, "Copy of a subsequent Letter from Lord Amherst to Lieutenant Colonel Twisleton, on the same Business."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Sheriffs, &c. Indemnity, Judges to prepare a Bill.

Ordered, That the Judges be directed to prepare a Bill to prevent any Mischief or Inconvenience which may arise to Sheriffs, Gaolers, Suitors, Prisoners or others, by the Prisoners in several Gaols in the Counties of Middlesex and Surry, and the City of London, having been set at Liberty during the late Tumults and Insurrections.

Halifax, &c. Small Debts Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to repeal so much of an Act, made in the Seventeenth Year of His present Majesty's Reign, as relates to the more easy and speedy Recovery of Small Debts within the Parishes of Halifax, Bradford, Kighley, Bingley, Guiseley, Calverley, Batley, Birstal, Mirfield, Hartishead cum Clifton, Almondbury, Kirkheaton, Kirkburton and Huddersfield, and the Lordship or Liberty of Tong, in the West Riding of the County of York, and for granting other Powers for those Purposes; and for extending the Jurisdiction of the Court Baron of the Manor of Kighley, in the said County," which stands appointed for To-morrow, be put off to Thursday next, and the Lords summoned; and that Counsel be then heard for and against the same.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Wednesday next.

Mackenzie Humberston's Bill.

The Earl of Galloway reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Manors and Hereditaments situate in the County of Lincoln (which by the Will of Thomas Humberston Esquire, deceased, were devised to Thomas Frederick Mackenzie Humberston Esquire, for his Life, with several Remainders over in strict Settlement) in Trustees, for the Purpose of selling the same, and laying out the Monies to arise from such Sale, in the Purchase of certain other Hereditaments, Part of the Estates of the Right Honourable Kenneth Mackenzie Earl of Seaforth, in the Kingdom of Ireland, to be settled to the Uses to which the Estates intended to be sold, now stand limited," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Winchester, &c. Elections Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for exempting the City of Winchester, the County of Southampton, the Town of Shrewsbury, and the County of Salop, out of the Provisions of an Act, made in the Eighth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for regulating the Quartering of Soldiers during the Time of the Elections of Members to serve in Parliament," so far as the same relates to the Removal of Troops during the Elections of Members to serve in Parliament for a limited Time;"

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 20^o Junii 1780.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Levant Trade Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to permit Goods, the Product or Manufacture of certain Places within the Levant or Mediterranean Seas, to be imported into Great Britain or Ireland in British or Foreign Vessels, from any Place whatsoever; and for laying a Duty on Cotton and Cotton Wool imported into this Kingdom in Foreign Ships or Vessels, for a limited Time."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

American Trade Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to allow the Exportation of Provisions, Goods, Wares and Merchandize from Great Britain to certain Towns, Ports or Places in North America, which are or may be under the Protection of His Majesty's Arms, and from such Towns, Ports or Places to Great Britain, and other Parts of His Majesty's Dominions."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Indemnify Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes; and to indemnify Members and Officers in Cities, Corporations and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Hett and Mr. Bicknell:

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Mackenzie Humberston's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Manors and Hereditaments situate in the County of Lincoln (which by the Will of Thomas Humberston Esquire, deceased, were devised to Thomas Frederick Mackenzie Humberston Esquire, for his Life, with several Remainders over in strict Settlement) in Trustees, for the Purpose of selling the same, and laying out the Monies to arise from such Sale, in the Purchase of certain other Hereditaments, Part of the Estates of the Right Honourable Kenneth Mackenzie, Earl of Seaforth, in the Kingdom of Ireland, to be settled to the Uses to which the Estates intended to be sold now stand limited."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by the former Messengers:

To carry down the said Bill, and desire their Concurrence thereto.

His Majesty to be attended with Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know, what Time His Majesty would please to appoint to be attended with their Lordships Address; And that His Majesty had appointed this Day at Two o'Clock, at His Palace of Saint James."

King's Answer to Address.

The Lord Chamberlain also reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Yesterday, for the Copies therein mentioned, and that His Majesty was pleased to say, "He would give Directions accordingly."

Chatham Dock Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest certain Messuages, Lands, Tenements and Hereditaments, in Trustees, for the better securing His Majesty's Dock, Ships and Stores at Chatham."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Winchester, &c. Elections Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for exempting the City of Winchester, the County of Southampton, the Town of Shrewsbury, and the County of Salop, out of the Provisions of an Act, made in the Eighth Year of the Reign of His late Majesty King George the Second, intituled, "An Act for regulating the quartering of Soldiers during the Time of the Elections of Members to serve in Parliament," so far as the same relates to the Removal of Troops during the Elections of Members to serve in Parliament, for a limited Time."

After some Time, the House was resumed:

And the Duke of Chandos reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Atkyns against Connor:

Upon reading the Petition of Hugh Connor Defendant in a Writ of Error depending in this House, wherein Edward Atkyns Esquire, is Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros, on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay or cause to be paid to the Defendant in Error, the Sum of Forty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.